In this appeal from the issuance of a preliminary injunction, the Tenth Circuit applied its recent holding in Fish v. Kobach, 840 F.3d 710 (10th Cir. 2016) and reversed. Under Fish, issued six weeks after the district court’s issuance of the preliminary injunction,…
Neighboring landowners each filed suit to quiet title to a strip of land adjoining their respective properties. On appeal, the prevailing landowner argued the appellants lacked standing because they had failed to demonstrate an interest in the property. Because the…
This appeal arose out of a city’s denial of a billboard owner’s sign relocation request. Affirming, the supreme court clarified that it would no longer defer to a local agency’s interpretation of its own ordinances and would instead review for correctness.
The federal court certified the question whether a company that had purchased liability coverage for an employee’s vehicle was also required to purchase underinsured motorist insurance. The Utah Supreme Court held that any vehicle that is covered by a policy’s liability…
Pedestrians that were struck by a car on an unlit street alleged the city was negligent in failing to repair its streetlights. After dismissal on summary judgment, the plaintiff’s filed a Rule 59 motion to alter or amend the judgment….
In its January 12, 2017 opinion in this matter, the court reversed summary judgment granted to the defendant in the underlying contract dispute on statute of limitations grounds. The court reasoned that plaintiff’s complaint was not time-barred because the statute…
A shareholder brought this action against the company’s board of directors and several of its officers for authorizing and receiving spring-loaded, stock-settled stock appreciation rights. Because there was no allegation the defendants intended to circumvent the company’s compensation plan, the…
The court of appeals concluded that in appropriate cases, the probable cause standard required for bindover can be satisfied by circumstantial evidence regarding drug identity, and that it is not always necessary to present evidence of drug identity at a preliminary…
